(10Â years, 8Â months ago)
Commons ChamberI do not know whether the hon. Gentleman was listening, but I said that much information is in the public domain, and it is in the public interest that it is public, thanks to the Freedom of Information Act. That is my position. I look forward to hearing what the commission has to say about the operational working of the Act to ensure that it is working in the way Parliament intended.
It is confusing to hear the Minister claim to be such a fan of transparency, given that the Cabinet Office has set up a commission designed to weaken FOI—an ex-coalition Minister has described that as a “rigged jury”—botched the release of Cabinet papers, watered down consultation rules, and is now being investigated by the Information Commissioner for withholding thousands of items of spending data. If sunlight really is the best disinfectant, why has the Minister now abolished every single senior civil service post with responsibility for transparency?
As a matter of fact, we are the most transparent Government ever. What is more, the hon. Lady will be delighted to know that only this morning the Cabinet Office published further spending information to ensure that we keep that mantle.
(10Â years, 8Â months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
I am particularly grateful to my hon. Friend for securing this important debate, given that Ministers have so far failed to come and give a statement to the House on why the Cabinet Office papers have been delayed. Does he agree that it is particularly important that the Government are open and transparent about the documents they retain and release because, as of December 2015, the Secretary of State for Culture, Media and Sport now has the responsibility to approve the retention of documents on advice from the Advisory Council on National Records and Archives? Therefore, two advisers to the then Thatcher Government—the right hon. Members for West Dorset (Mr Letwin) and for Maldon (Mr Whittingdale)—are now responsible for both the release and the potential retention of information relating to matters pertaining to that Government.
I thank my hon. Friend for that intervention. She is exactly right: these questions matter because the period covered was one of profound political sensitivity and because Ministers responsible for the release of these files were in the thick of it at that time as advisers to senior politicians.
In 2014—the last time there was a comprehensive release of Cabinet papers—we learned that the former Prime Minister, Margaret Thatcher, had lied to the public about the extent of the pit closure plan, her attempt to influence police tactics, and the involvement of MI5 in spying on officials of the National Union of Mineworkers. That information demonstrated the extent to which the Government can use the institutions of the state against ordinary people. It is good for our democracy that the information was released, and it helps the ongoing fight for justice in the coalfield communities. This year, however, with such a small selection of files released, issues of political importance such as the discussions on the poll tax and the black Monday stock market crash have remained secret. Those were decisions that senior Ministers in the current Government were directly involved in.
Thanks to previous releases covering 1985-86, we know that the right hon. Member for West Dorset (Mr Letwin) advised the then Thatcher Government to use Scotland as a testing bed for the hated poll tax, but there the information, sadly, dries up. We do not know how this young adviser, in the teeth of powerful Cabinet opposition, managed to force through one of the most politically catastrophic and socially toxic policies in post-war history. Not only is that of historical interest, but it gives us an insight into the ideology and motives of the Prime Minister’s senior policy chief. We see a clear progression from the right hon. Gentleman’s policy formulation in the 1980s to policy implementation under the current Government.
On that point, is my hon. Friend aware that in the 1980s the right hon. Member for West Dorset authored an extreme pamphlet for a think-tank that offered suggestions on exactly how to privatise the NHS? Two of those suggestions have now been implemented by this Conservative Government. Does that not prove the direct link between policy formulation under that Government and the policy being implemented by this one, and further emphasise the need for transparency?
The Minister for Civil Society (Mr Rob Wilson)
It is a pleasure to serve under your chairmanship, Mr Bailey. I congratulate the hon. Member for Leeds East (Richard Burgon) on securing this debate. I start by saying, as he did, that this Government are committed to being the most transparent ever and take their commitment under the Public Records Act seriously.
A key plank of our commitment to transparency is our work on releasing files after 20 years, rather than 30 years as was previously the case. I acknowledge openly that this is a really big, major challenge for the Government, which unfortunately we fell short of in December 2015. I hope it will be helpful to the hon. Gentleman and others here today if I respond to their points by setting out first how the Cabinet Office is working to meet its obligations under the Public Records Act, which sets out how and when Government records should be transferred to the National Archives, and explaining why some may sometimes need to be retained.
The Constitutional Reform and Governance Act 2010 shortened the period before which files are released from 30 years to 20 years. This means that for a transitional period, two years of files are being reviewed each year, a doubling of the information in scope. In this process, each file undergoes a series of detailed checks to protect, for example, national security and sensitive personal data. This in no way lessens our commitment to transparency but takes time to do properly. This is a significant challenge for all involved. For Departments, it is a doubling of the workload, and the same considerations need to be made before papers are sent to the National Archives.
The National Archives are meeting these challenges head-on, which means extra papers coming through to them with high public demand as the subjects covered are relatively recent. By 2023, this process of reviewing two years of records in one year will be complete.
In December, we transferred a number of 1987 and 1988 files and this formed part of a press event arranged by the National Archives. We will be transferring more shortly, with the aim of completing the transfer of our 1987 and 1988 files as soon as possible. Files up to 1990 will be released throughout the year.
I am a little confused. The Paymaster General wrote to me a couple of weeks ago saying the delay in the release of Cabinet papers was due to a change in policy by releasing some earlier in 2015, some in December 2015 and some at an unspecified date later this year. Now the Minister is saying that it was due to lack of resources or an increased challenge. Will he confirm whether it is due to a specific change in policy that will occur next year, or lack of resources?
Mr Wilson
I thank the hon. Lady for her intervention. If she will bear with me, all will become clear because I will set out in painstaking detail the process by which we are handling the matter.
The Cabinet Office was due to transfer all information from 1987 and 1988 by the end of 2015 but, as is clear, we did not manage to do so. Both 1987 and 1988 were eventful years, as we have heard from the hon Gentleman, and this impacted on the Department’s ability to get these files reviewed as quickly as we wanted. Each file is painstakingly checked before transfer, which is not about withholding secrets and covering up inconvenient facts, as the hon. Gentleman alleged. Let me inform hon. Members about the sort of information that must be checked.
Files emanating from No. 10 will cover the whole range of issues that the Government deal with, from benefits to defence spending, overseas trade, support for community groups and a whole host of other things. They will include things like personal information relating to individuals involved, even home addresses, and everything to do with relationships with other countries and national security. On every appearance of such information a careful consultation process takes place, which may result in documents being redacted or retained.
The transfers that have already taken place mean that nearly 70,000 Cabinet Office files or volumes are held by the National Archives, an amazing repository holding over 1,000 years of iconic national documents, which the public can access free. Its online catalogue is the single point of access to 32 million descriptions of records. In 2014-15, there were approaching a quarter of a billion downloads from its collection.
When files reach the National Archives, a number of processes are involved to make information available to as many people as possible—for example, through digitisation. This means an inevitable time lag between the Cabinet Office transferring files to the National Archives and their appearance in the collection. This is why the Cabinet papers for 1987 and 1988 have not yet appeared in the public catalogue although they have been transferred to the National Archives. Another factor is that files are not always transferred in the year that one might expect as they are not assessed for transfer until the date of the last paper on the file. This explains why papers sometimes appear in the National Archives later than expected.
We are aware of the changing landscape of records management. The National Archives, as trusted experts in information and records management, will help to ensure that in an age when more and more of the Government’s records are born-digital, we open more records to the public as soon as possible. To that end, our intention is now to release files more frequently throughout the year, rather than in a single annual event. This means that, from later this year, we will start to release records from 1989 and 1990 in advance of the traditional release at the end of December. Cabinet Office officials are working closely with the National Archives to strengthen the entire process of how and when Cabinet Office files are released to the public.
Throughout 2016, there will be a number of releases from the Cabinet Office to the National Archives, catching up on the 1987 and 1988 records and then working through the 1989 and 1990 papers. I believe this is consistent with our overall transparency objectives, and that the regular releases will be a more effective way to work, particularly in the context of a doubling of the amount of information in scope.
The hon. Member for Leeds East asked several questions about the Cabinet minutes for 1987 and 1988, and papers from the Prime Minister’s Office for the same period. The Cabinet Office has transferred the Cabinet papers and minutes for the period 1987-88 to the National Archives. Some of the Prime Minister’s papers are already with the National Archives, including those made available at the press event in December. Our aim is for the remainder of those that can be transferred to be with the National Archives as soon as possible.
The hon. Gentleman asked about freedom of information, and he mentioned Hillsborough in his opening comments. No Government have done more than this one to shine a light on the truth, after 13 years of a Labour Government who failed to do what was necessary to open up the facts of Hillsborough to the public in the Merseyside area who were demanding access to them. He said that the Government were pushing for a review of freedom of information. Actually, I think the first person to push for such a review was Tony Blair, who mentioned in his autobiography that he was keen to change freedom of information.
The hon. Gentleman mentioned the series of statements that appeared at the end of the last Session. I have to remind him that it was a Labour special adviser who, when the party was in government, described a particular day as
“a good day to bury bad news”.
I hope he remembers that phrase; it certainly did not come from the Conservative Government. I know that there is a new Mulder and Scully “X-Files” series out, and I do wonder about the conspiracy theories that sometimes run riot around this place, because in this case, there are no conspiracy theories to be had.
The Minister has mentioned conspiracy theories. One of our main conspiracy theories is about the advisers that have been involved in both Conservative Governments, whom the Minister has not mentioned. He mentioned a consultation process. I wonder whether the right hon. Member for West Dorset is involved in that consultation process, and whether he has any say over the documents that are retained or released.
Mr Wilson
I thank the hon. Lady for her intervention. The consultation process is one that officials handle. As far as I am aware—I think I am as aware as I can be on these matters—I do not believe that my right hon. Friend the Member for West Dorset (Mr Letwin) has vetoed any of the files that I think the hon. Lady is referring to in her question. But if there is more information that we can provide her with, obviously I would be very happy to write to her to update her.
I will move on to some comments about freedom of information. Freedom of information remains at the heart of transparency and accountability, and it goes hand in hand with the Public Records Act. The Government fully support freedom of information, but after more than a decade of the process in operation, we think it is time that it was reviewed to make sure that it is working effectively for hard-working taxpayers while allowing free and frank advice to be given to decision makers. That is why we have appointed an independent panel to look at the issue and assess how the practical processes of freedom of information can be improved. The commission will publish a report, as the hon. Gentleman knows, as soon as possible after its oral evidence sessions have been conducted. It would not be appropriate for me to pre-empt its work by getting into discussions today about the relative merits of the different parts of the Act.
I will end by making a few comments on the broader question of transparency. The Government take great pride in the fact that the UK leads the world in transparency and open government. I am not the only one who says so. The World Wide Web Foundation’s open data barometer and Open Knowledge’s global open data index ranked the UK No. 1. Over the past five years we have opened up more than 20,000 Government datasets to the public. We publish an unprecedented amount of data about everything from procurement to the gifts received by Ministers, and we continually strive to go even further.
Releasing open data makes the Government more accountable to citizens, helps to improve the efficiency of public services and drives social and economic growth. We have made expenditure data covering more than £188 billion of Government spending available for public scrutiny, and through our renewed Government data programme and our leading role in the international Open Government Partnership we will continue to be one of the most open and transparent Governments in the world. Those are not insignificant achievements, and we want to go even further. In our next Open Government Partnership national action plan, which is due to be published in the summer, we will develop an offer on transparency—including freedom of information—that strengthens the Government’s commitment to open government overall.
In conclusion, this Government are the most transparent Government ever, and we are a world leader in the quantity of information available from a range of sources. I acknowledge that, in common with other Departments, the performance of the Cabinet Office in transferring papers from 1987 and 1988 has not been perfect, as I said at the outset. I am, however, confident that more of that historical information will be available to the public shortly, including the Cabinet Office papers that have already been transferred to the National Archives and will be available very soon. The aim is to complete the transfer of the 1987-88 papers as soon as possible. In future, we will move to release files more frequently throughout the year rather than in a single annual event. That means that before the end of the year, there will be 1989 and 1990 papers in the National Archives.
Question put and agreed to.
(10Â years, 8Â months ago)
Public Bill Committees
Mr Wilson
I think we are straying into the realms of electoral law rather than charity law, and I am sure you do not want us to stray too far in that direction. The Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 applies to all third-party organisations campaigning for a particular electoral outcome. It does not specifically target charities or prevent them from campaigning to further their charitable purposes. The Charity Commission’s guidance CC9 makes that absolutely clear.
The Hodgson review, which is under way and will report in the next couple of months, will look at all those issues and consider in detail all the representations that are made to it. I think the Opposition should have waited for the review to see the detail of the representations made and whether there is evidence that things are going wrong and that the so-called chilling effect is taking place.
There is no bar to charities or student unions holding husting events, provided they do so in a balanced, even-handed way that furthers the charity’s purposes. Like many other Members, I am sure, I attended the student union debate in my constituency. I am very surprised that any student union was worried about putting on an even-handed debate, open to all parties.
The Charity Commission’s guidance is clear and comprehensive. Unlike primary legislation, guidance can be relatively easily updated, with proper consultation to ensure that it reflects current case law and other developments, such as the rise of social media. In recent years, there have been cases where charities, inevitably, have strayed on to the edges in what they are doing in social media. The guidance on that is obviously fairly new, and it is important that it is there.
I would say simply that the new clause is unnecessary, unless the hon. Member for Redcar and her colleagues are arguing that charities should be able to engage in party politics, in which case I very strongly object. What we heard about the Badger Trust emailing its members asking them to go to a single party political event and sort of supporting the manifesto elements that had been introduced would fall into the category of party political activity. We should keep charities and party politics completely separate. Where charities engage in non-party political activity, they should take extra care to protect their independence and to ensure that they do not give the impression of being politically partisan in any way, and that is the category that would apply with regard to the Badger Trust.
It is right that we have an independent regulator in the form of the Charity Commission to investigate concerns where charities may have overstepped the mark of what is acceptable, and some have done that in social media in the last couple of years. Where the dividing line between charitable and political becomes blurred and charities come to be seen as politically biased or aligned with a particular party, there is a real risk of public trust and confidence in charities being degraded. One of the charities’ strengths is their independence and their ability to stand outside politics, and I would really hate to see that undermined by the new clause.
In the last Parliament, before I was an MP, I had a little back and forth with a charity known as the New Schools Network, which was set up by a former special adviser to the present Secretary of State for Justice deliberately to implement Government education policy on free schools. To me, there is a clear clash there between charitable status and implementing a particular political party’s policy stance, but this Government have made no effort to address that. Given that that was a clear breach and that the Charity Commission actually had to investigate the charity in question, I do not feel that the Minister’s point about making sure that charities are separate from party political activity stands.
Mr Wilson
As far as I am aware, there was no finding of any inappropriate party political activity against the New Schools Network. People can make complaints about all sorts of things, but whether those are found to have any evidential base is quite another thing. There are lots of examples of think-thanks and other organisations that are charities that want to put forward new ideas in the educational sphere, and as long as they have an educational purpose and they stay outside party politics, there is absolutely no reason why they should not do that. Just because, in the early days of the new free school network, the Labour party opposed free schools, that does not mean that that particular organisation did not have the right to exist. The fact that the Labour party did not like what it was saying is neither here nor there; it had a right to express its views freely, as I and others here—[Interruption.] As long as they are not party political—I have made that absolutely clear.
I gave examples during my speech. I will be happy to resurrect them on Third reading and to submit them. Going back to the point about the independence of student unions, a university in my area cancelled a hustings because it was extremely cautious. It had sought expensive legal advice and did not proceed because it was not sure that it was sufficiently meeting its charitable status in the number of people and different parties it was inviting. That is a clear example from my constituency.
The 2014 Act is a classic incumbency piece of legislation from a political party that has gone far from its roots and become immersed and entrenched in Government, pulling up the drawbridge and becoming separate from the ideals that drive politicians and the sector. I believe that it is incumbent on all political parties, but particularly in Opposition, to listen right through to the day of a general election to the challenges that civil society sets out to us, its problems with the policies we make and how it exposes to us the challenges facing society. We do not have all the answers, but it is important that, as I said, right up to the day of a general election we continue to listen. That Act had, as the sector has identified, a clear effect on its ability to do that.
The indignation of Conservative Members that this would not apply if charities were acting in this way toward their own party is a little hard to swallow when, as my hon. Friend said, the Government are attempting to weaken FOI. I note that the Minister did not respond to that point. I hope he will intervene and correct me. This year, the Government, including his own Department, failed for the first time in 50 years to publish Cabinet papers due to the National Archives and failed to come to the House and explain why. I hope the Minister will intervene and correct me on both points, or provide a timetable for action.
I thank my hon. Friend because she is absolutely right. Every political party comes into Government with the best ideals—we heard from the coalition that they would be the most open, transparent and accountable Government ever. Suddenly the fear sets in, and when they start to hear from the public things they do not like it is easy to pull up the drawbridge. We are seeing that with a range of measures from the Government.
Turning briefly to badgers—we have heard a lot about them today; I am very fond of them. I have not seen the email, but despite what Government Members have said, I am still struggling to understand the issue—[Interruption.] The Minister sighs in despair. I will try to explain and perhaps he will show some tolerance for those of us who are struggling to keep up.
If a charity has aims and objectives such as saving badgers, it might write to all political parties setting out what it would like to see in their manifestos, setting out its aims, ambitions and aspirations. One of those political parties might write back saying, “Fantastic; we love badgers too. We want to put that in our manifesto and to have an event to launch it. We want it to be part of our rural ambitions.” Would it not be understandable if that charity engaged with that political party, attended events, and discussed, debated and challenged that manifesto to promote its cause?
(10Â years, 9Â months ago)
Commons ChamberThis is my first time at the Dispatch Box responding to a Bill, so may I say that it has been a pleasure listening to learned contributions from hon. Members on both sides of the House? I would have liked a few more hon. Friends to be behind me today, but I assure the House that the fact there are not is not a signal of our disinterest but one of our wholehearted support of the Government’s objectives in the Bill.
This has been an important and helpful debate, and I congratulate all Members who have participated in it and everyone who has been involved in getting the Bill to this place, particularly our colleagues in the other place. We have had a small number of contributions, but fortunately this debate has been defined by its quality, not its quantity.
The hon. Member for Congleton (Fiona Bruce), who brings extensive experience in the sector, spoke about the difficulties in encouraging trustees to charities. She also discussed concerns about giving the Charity Commission the power to judge whether a potential trustee had committed misconduct and about powers to publish a warning notice, risking enormous damage to a potential trustee’s reputation.
The hon. Member for Edinburgh East (Tommy Sheppard) spoke about how the Bill cannot be viewed in a vacuum and should be viewed in the context that charities in our communities are increasingly being asked to do more with less, as the cuts, particularly those to our local authorities, bite further.
The hon. Member for Erewash (Maggie Throup) paid tribute to the many volunteers across her own community who respond to vital need, just as they do across all our communities. All of us will have fantastic charities that fill sadly much-needed demand in our constituencies, but I will not put your patience to the test by listing all the ones in my constituency, Madam Deputy Speaker.
My hon. Friend the Member for Clwyd South (Susan Elan Jones) praised the charitable sector for developing the fundraising preference service, demonstrating the willingness of the sector to tackle issues highlighted by the Bill.
The hon. Member for Aldridge-Brownhills (Wendy Morton) spoke passionately about her experience of volunteering, the impact of small charities in her constituency and her own private Member’s Bill on supporting the renowned, fantastic work done by the Great Ormond Street Hospital Children’s Charity.
The hon. Member for Newark (Robert Jenrick), a fellow former corporate governance practitioner, spoke about how we must ensure that small charities do not pay the price for the mistakes of larger, misbehaving charities. He made reference to Kids Company, whose case has had ripple effects across the whole sector. I am glad that that charity has not dominated our debate today, because, as he said, it is an outlier, at best.
Today's debate has provided a platform to debate the much-needed powers that will allow the Charity Commission to regulate the sector better, but first I wish to echo the feelings of Members on both sides of the House by saying that we know the special role charities play in our constituencies and in the country as a whole. As the Minister for the Cabinet Office and Paymaster General rightly said, “the work charities do transcends politics and unites” this House. Britons donate billions of pounds per year, and very often it is those without a great deal donating what they can to the causes close to their heart or to those in need in the community around them.
Charities are also the vehicle by which many of us can try to make a difference for the communities in which we live. Figures vary, but the latest estimate is that nearly three quarters of us of do some form of volunteering for charities at least once a year. To put it simply, the values and ethos of those nearly 1 million trustees who give their time to make our country a kinder and more interesting place are the best of Britain.
We know, therefore, that charities have a great deal of good will and public support. As my hon. Friend the Member for Redcar (Anna Turley) rightly said in opening for our side, they support our vulnerable and our sick and elderly, and give people the chance to change lives. With that in mind, it is vital that charities and their regulator have the appropriate powers to act in the extremely rare event that misconduct occurs.
As we have heard, deliberate wrongdoing in charities is extremely rare, but it is important that the regulator has the power to take robust action where it does occur. We know that the measures in the Bill to prevent trustees who are not fit to hold the position from serving as trustees are widely supported by both the public and charities themselves—this is simply common sense.
We therefore support Government moves to close the loopholes and strengthen the Charity Commission in this important aspect. As Members across the House will know, the Charity Commission already has a wide range of compliance and enabling powers, but there are underlying weaknesses, including a limit on the commission’s ability to prevent and/or tackle abuse in charities. The powers the Charity Commission did have were not powers that we would expect a modern regulator to hold—they did not go far enough—so we welcome the strengthening of its powers.
In securing these new powers, we will enable the Charity Commission to regulate more effectively. We know that it is of the utmost importance that we are able to find the right balance between having good governance that gives people the confidence to support the sector and ensuring that charities have the freedom to be able to do what they do best—being brave in their determination to build a better society, innovating, responding to the challenge of today and tomorrow, and delivering effectively and with value for money.
As we have heard, the vast majority of charities and trustees act in the interest of their beneficiaries, but the poor governance and unscrupulous fundraising activities of a few undermines confidence in the whole sector. We therefore welcome this Bill, and we very much welcome the new social investment powers and powers to disqualify trustees. But we would not be an effective Opposition if we did not point out areas of room for improvement.
We are disappointed that the Government will seek to overrule the other place by removing clause 9, a vital amendment that protects charities from arbitrary rulings requiring them to dispose of their assets in contravention of their charitable purpose. I hope we can revisit that matter in Committee and that we can do so in the same cross-party manner of this debate.
A number of hon. Members have made good points on fundraising, on the very important protection of minority views, which we in this House should hold so dear, and on ensuring the balance between regulation and enabling charities to do good in their communities. I know that the Minister will have been listening closely to this debate. I hope that we can work together on a cross-party basis to improve this Bill at Committee stage. With that, I can assure the House that we are happy to support this Bill on Second Reading.
(10Â years, 11Â months ago)
Commons ChamberThe hon. Gentleman is absolutely right that compatibility and interoperability must be at the heart of everything we do. They are at the heart of the digital standards that we require to be adhered to right across Whitehall. For a citizen, it does not matter what the acronym is of the organisation that they are trying to deal with, they just want their Government service delivered quickly and easily.
My hon. Friend the Member for Newcastle upon Tyne Central (Chi Onwurah) is absolutely right that the levels of turnover in the Cabinet Office and the GDS are unacceptably high, and over the summer we saw the exodus of senior leadership amid concerns that the future of the service will be downgraded from a delivery service to a policy unit. We also note that businesses are losing on average 33 working days a year because of outdated Government digital services. Will the Minister reassure the House today that his Department is resisting cuts in the comprehensive spending review, as those cuts will seriously damage the prospect of thousands of businesses across the country?
I can repeat the facts that I gave the hon. Member for Newcastle upon Tyne Central (Chi Onwurah) before the hon. Lady read out her question. The turnover in the GDS is lower than in the rest of the Cabinet Office. Furthermore, we put more money into digital services in the Budget. Perhaps she should look into the facts before asking questions.